Alabama § 6-10-40 Sale of Land and Separation of Homestead Interest from That of Alienee

Alabama Statutes

§ 6-10-40 — Sale of Land and Separation of Homestead Interest from That of Alienee

Alabama § 6-10-40

JurisdictionAlabama

Title 6Civil Practice

Ch. 10Exemptions

Art. 1Exemptions from Levy and Sale Under Process

Div. 2Claim and Contest of Exemptions

This text of Alabama § 6-10-40 (Sale of Land and Separation of Homestead Interest from That of Alienee) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 6-10-40 (2026).

Text

When the homestead, after being reduced to the lowest practicable area, exceeds $5,000 in value and the husband or wife has aliened the same by deed, mortgage, or other conveyance without the voluntary signature and assent of the spouse, shown and acknowledged as required by law, the alienor or, if he or she fails to act, the spouse or, if there is no spouse or if he or she fails to act, their minor child or children may, by filing a complaint, have the land sold and the homestead interest separated from that of the alienee.

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When the homestead, after being reduced to the lowest practicable area, exceeds $5,000 in value and the husband or wife has aliened the same by deed, mortgage, or other conveyance without the voluntary signature and assent of the spouse, shown and acknowledged as required by law, the alienor or, if he or she fails to act, the spouse or, if there is no spouse or if he or she fails to act, their minor child or children may, by filing a complaint, have the land sold and the homestead interest separated from that of the alienee.